This regulation (hereinafter referred to as: "Regulation") is a pattern of a contract within the meaning of the Civil Code's provisions and was prepared basing on the current legislation. Purpose of the Regulation is to establish rules of functioning and using the Internet application supporting a recruiting process under the name of "employsystem.com" (hereinafter referred to as: the "Website"). The Website is run under the domain name: "employsystem.com".
Website's Operator and its owner and provider in the meaning of the Act of July 18, 2002 on Electronic Services (Journal of Laws 2002., No. 144, item 1204, as amended.) is ES sp. z o.o. in Warsaw, 7/18 Złota St., 00-019 Warszawa, KRS 0000575902, VAT IN: 525 263 04 53, REGON No.: 362560081 (hereinafter referred to as: the "Operator").
§ 2. Terms of use.
Administrator - person entitled by the User to the full access to the resources of a User Account on the Website;
Recharging an account - Payments made by the User for the Operator for the provision of services including the payment for a subscription, publication of advertisements in paid media or a realization of other paid services provided by the Website according to the User's will. From fees for the Account Recharge, Operator will collect on a regular basis his rightful payments/salary for the provided Services;
User Account - account established on the Website by the User, whose resources are accessible only by the User. Within an account, User creates recruitment projects, publishes Advertisements, gathers Applications and processes personal data;
Account Name - Names given by the User during the registration process /and during service provision/ regarding company’s name which will be appearing in advertisements posted by the User and subdomain name under which all of the User's advertisements will be posted;
Advertisement - job advertisement posted on the Website by the User;
Test Period - period pointed in the Price list or granted to the User by the Operator during which the User may use the Website and during which the User is exempt from the subscription fees;
Website Partner - a private person, organizational unit without a legal personality and also a natural person conducting an economic activity who has media/website, publishing house etc./ with job advertisements to which the User can export his offers via the Website automatically;
Recruiter - person entitled by the User to the limited access to resources of User Account on the Website, especially it is not possible to change a Type of an Account and to edit settings;
Account Types - functional variants of User Account presented in the Price list differing from each other in possibilities and subscription payment;
User - legal person, organizational unit without a legal personality and also a natural person conducting an economic activity who will establish a User Account on the Website. All actions and omissions of the Administrator and/or the Recruiter are treated as actions and/or omissions of the User for which the User is taking a full responsibility;
Services - all services provided electronically by the Operator for the benefit of Users basing on this Regulation.
Narodowa Baza CV – a collection of job-seekers, providing their data to Users through the site narodowabazacv.pl for use in the recruitment conducted by the Users.
§ 3. General provisions.
This Regulation specifies:
type, range and terms of Services provision,
conditions of Services provision,
conditions of the salary for Services provision,
conditions of conclusion and termination of Contracts,
complaints procedure and exclusion of liability of the Operator for Services provided electronically,
Privacy Policy.
The Operator provides Users with a free access to the Regulation before concluding the Service contract and also - on their demand - in a way which allows gaining, opening and preserving Regulation contents with a computerized system which is in User's disposal. User is not bound by these statements of the Regulations which were not available in a way described above.
The Operator provides Services electronically according to the Regulation.
User is required to comply with statements of the Regulation from the moment of a contract conclusion with the Operator.
§ 4. Type, range and terms of Services provision.
Services provided by the operator for the benefit of a User consist of sharing an Internet application (Website), whereby a User can create Advertisements, post them at Website Partners, manage the recruitment projects and gather Applications sent by Candidates.
Using the Website is possible only in the period in which a User Account is active.
User wanting post an Advertisement on the Website is sending it electronically to the Operator via proper electronic forms available on the Website.
User can publish an Advertisement in media of Website Partners via proper electronic forms available on the Website.
User is committed to publishing Advertisements associated only with his own activity and thus it is forbidden to post Advertisements of other persons or subjects under the guise of Advertisements of a User. In the event of provisions above the Operator can charge User /for every violation/ with a double monthly subscription payment which is or was imposed on him at the moment of posting an Advertisement.
It is forbidden to post advertisements with illegal contents, inciting to a discrimination because of sex, race, origin or belief; contents of vulgarity, obscenity, profanation or controversial in any other way; violating personal rights or legal rights of other persons or subjects; contents being a form of felony or an offence against the public order or violating private laws and also contents promoting, inciting or offering instructions concerning illegal activities.
Contents of advertisements commissioned by a User for publication on websites belonging to the Website Partners have to be compatible with regulations of these websites. Guilt for any damages caused by a User to a Website Partner falls on a User.
The Operator has a right to control contents of Advertisements posted on the Website and on Partners' websites and he reserves - with an immediate user notification - a right to refuse to publish without giving any reason if Advertisements content violates commonly applicable laws, the Regulation provisions or rules of social conduct. However the Operator is not responsible for a content of posted Advertisements, their correctness, timeliness, reliability and the existence of advertiser.
The Operator is not responsible for a suspension of advertisements publication in media belonging to Website Partners if a content of these advertisements violates regulations of these media.
If a User is going to publish an Advertisement in paid media belonging to Website Partners, he has to Recharge an account earlier with funds sufficient to pay for a publication in these media. This cost is given by the Operator during posting an Advertisement or when it is being published during a selection of next media to publish on. In case of insufficient account Recharge, an Advertisement will not be published in neither of selected media.
A publication in User selected websites will occur in two work days since acceptation of an advertisement publication. If a publication will not appear after 2 work days since selection and payment made by a User, the Operator will return these funds to the User and the Advertisement publication will be cancelled. In case of selection of other media (e.g. press) the publication will be made as soon as possible.
A User can assign the access to an account to Administrators and Recruiters in the number dependent on User selected Account Type, however all actions on the Website made by Recruiters and Administrators will be treated as those of a User.
A User orders and allows the Operator to process data in Applications including Candidates personal data, however only if it is needed or necessary within the range of the Regulation or if it is needed or necessary for the realization of its provisions and if it is needed or necessary to maintain the correct functioning of the System or ensuring its functionality.
The Operator is obliged to help a User in case of any problems with use of Services.
In case of break in Service provision resulting from the fault of the Operator lasting longer than 3 hours, a User deserves a two-day extension of Subscription Validity Period. If the break would be longer than 24 hours, for every another started 24 hours of a break in service provision a User will be granted with a two-day extension of Subscription Validity Period.
1.Parties are not responsible for not executing or not executing their obligations properly from reasons attributable to the third party /e.g. Partner/ or caused by a higher power.
§ 5. Conditions of providing services by the Operator.
Services provision is paid and begins after User registration on the Website and after an account Recharge with a minimal sum allowing the Operator to collect a subscription except paragraph 3.
If on a day of User registration on the Website the current price list will include it, a User is exempt from a subscription payment during the Test Period. Registration on the Website involves a correct completion of the registration form posted on a Website by a User and registration confirmation by the Operator on a User's e-mail address /registration moment/.
By sending the registration form User declares that:
data given in the form are complete and consistent with the facts,
is eligible to conclude a service contract electronically,
given data do not violate any rights of third parties,
read the Regulation, acknowledged it in full and accepts it and agrees to obey it.
After receiving the correctly filled registration form, the Operator will create for a User a unique account within the employsystem.com Website with a name given by a User in the form.
During the registration or any other time the Operator can demand from a User copies of documents concerning the User, such as a copy of the certificate of registration in the register of economic activities, a copy of the register of companies, VAT IN or Regon number. In case of not receiving indicated documents in the time specified by the Operator or in case of doubts about documents authenticity the Operator can suspend Service provision for a User.
By giving an Account Name for the employsystem.com Website, a User declares that this account name does not violate rights of third parties. User is fully responsible for choosing an Account Name and every dispute concerning this matter will be resolved without the Operator's participation.
The Operator can refuse to create an account with a specified Account Name and delete an account created earlier if it is used within the employsystem.com Website or if the Operator will come into possession of reasonable and reliable information that it is contrary to the law and morality, violates personal rights of third persons or legitimate interests of the Operator.
The Operator need not to inform a User about the reasons of a refusal of creating an account.
A User gains access to an account via e-mail address and a password. A User is obliged not to reveal the password to any third person and is fully responsible for damages as a result of its disclosure.
Access to data on a User Account belongs only to a User and also the Operator who has the right to inspect a User Account only for the purposes specified by this Regulation or basing on separate contracts with a User.
If a Test Period is being granted, after the registration a User receives a possibility to carry out two recruitments within 14 days.
A User can change an Account Type any time. A change of an Account Type during the subscription or a Test Period from the more expensive to the cheaper one does not cause the extension or reduction of the subscription validity period and a Test Period; a change from the cheaper to the more expensive one is associated with a proportional reduction.
During the term of the Contract the Operator can block the access to a User Account in case of impossibility to collect the subscription payment on terms specified in § 6, however in this period the subscription will continue.
The Operator can use a logo and a name of a User on his websites during the time of Service provision and after end of it in informative and marketing purposes.
Technical requirements necessary to work with the ICT system used by the Operator are as follows:
Internet connection,
web browser allowing displaying HTML documents with Cookies option, JavaScript and Flash services turned on. Current web browser version is recommended.
A User who wants to hire a candidate registered in the Powiatowy Urząd Pracy (PUP), whose data was gained from the collection of Narodowa Baza CV and who is marked by an operator , is obliged to inform PUP about the hiring before signing the employment contract.
Operator will mark the candidate (referred in the point 16) in the Web Service by proving information about the need of informing the right PUP (job centre). Marking the candidate can be done by reviewing candidates personal date in the system.
In case of a failure in execution of the activity mentioned in point 16, the Operator may impose a penalty on the User, the additional fee would not exceed the highest monthly subscription specified in the price list.
It is prohibited to transfer the data of persons gained form the Narodowa Baza CV to other persons or entities for purpose other than recruitment, by the User to these entities or persons.
The user of Narodowa Baza CV is committed to compliance with the provisions of applicable law relating to the processing of personal data, in particular the Act of 29 August 1997 on the protection of personal data.
The Operator is not responsible for the authenticity and accuracy of the data provided by the Users of Narodowa Baza CV – the Operator can not verify and confirm the data to confrom with the law and the facts.
§ 6. Terms of the salary for Services provision.
The Operator's salary for Services provision for a User consists of subscription and Advertisements publication payments which are a part of sums paid by a User by an Account Recharge.
A User makes an Account Recharge by transferring money to the Operator's account via electronic payments system or in the other way indicated by the Operator.
A Recharge is considered done from the moment of payment booking on the Operator's account or after receiving the proper amount of information from the electronic payments system. After a Recharge a User gains an access to information about the funds which can be used within the Website.
To every Account Recharge the Operator will issue a VAT invoice in the amount of recharge accordingly to a User data on a User Account. A User has an access to the electronic version of an invoice on a User Account from the moment of payment booking.
A subscription is the salary specified in the Price list for using the Website by a User and for the opportunity to do so from the day of registration on the Website with the exceptions specified in the Regulation.
A subscription is not charged in the Test Period however a User has only one-time right to this period regardless the number of registrations on the Website.
A subscription is charged in the advance for monthly periods from the funds from the account Recharge with an exception mentioned in the paragraph 10.
A User Account is active from the moment of collecting the subscription payment by the Operator in full.
The period of an Account activity is extended by a month after automatic subscription collection /counting from the date of subscription collection/ or by longer period in case mentioned in paragraph 10
Subscription can be paid by a User for a period no longer than a month if a User will declare that this is the selected option /under a condition that this option is available in the current Price list/ the Price list can be one-sidedly changed by the Operator without necessity to inform a User, however a period when a new Price list enters into the force is a day after changed prices were posted in the Price list on http://employsystem.com/prices/.
In case there are no funds left from the account Recharge after the end of a period the subscription was paid for, an Account Access is blocked until the next account Recharge with a minimum sum equal to the one subscription payment equivalent to the Account Type selected by a User. In this case the subscription is charged automatically after making a payment and the account is being unblocked.
In case the remaining funds from the Account Recharge after the end of a period which the subscription was paid for are not sufficient to pay for another period, all of these funds will be collected by the Operator and the subscription period will be extended proportionally to collected funds in accordance to the Price list.
Funds collected from User's account for an Advertisement publication /or other services/ are charged from the account Recharge in the moment of acceptance of the publication /or realization of other services/ by a User. In case of lack of funds an Advertisement publication /or realization of other service/ does not occur.
If Advertisements published by a User on the other websites belonging to the Website Partners will not be posted or will be unreasonably deformed /changed/, the Operator will give back User's funds to use them within the Website in the amount equivalent to the publication of mentioned Advertisements.
Funds collected from the Account Recharge for a User accepted Publications /or for realization of other services/ are not refundable with an exception of paragraph 14.
The list of conducted operations concerning an account Recharge and associated funds /recharges and charges/ on a User Account is available to the User within the User Account.
§ 7. Conditions of Contracts conclusion and termination.
A contract is considered concluded in a moment of a correct fulfillment of the registration form by a User, posting it on the Website and sending the registration confirmation by the Operator on a User's e-mail address, however not earlier than after full acceptance of this Regulation by a User.
Before the commencement of Services provision or after the end of the Test Period the Operator can require the contract conclusion in writing which will regulate the terms of use of the Website individually.
During service provision the Operator can require the contract conclusion in writing which will regulate the terms of use of the Website individually. New contract can enter into force no earlier than after the subscription validity period on a day of informing a User about the necessity of the new contract conclusion. If a User will not agree to conclude a new contract the Operator can terminate it on a day of the end of subscription validity period on a day of informing a User about the necessity of the new contract conclusion.
A User can terminate a contract after informing the Operator about it with a prior written notification with an effect on a last day of a subscription period valid at a time of receiving mentioned notification by the Operator. If a User Account would not be active at the time of receiving the mentioned notification the contract expires on a day of receiving it by the Operator.
After 6 months from an account blockage caused by the lack of possibility to charge the subscription fee by the Operator, the contract with a User expires automatically.
After the contract expiration a user can receive from the Operator data stored on the User Account under the condition of filing a proper application to the Operator's address or Operator's e-mail address before the Contract expiration and paying a price according to the Price list. Data transfer will be confirmed with an acceptance protocol.
After the Contract expiration the Operator is obliged to permanent and instant removal of data stored by a User.
If a User had unused funds from an Account Recharge before the Contract expiration - the Operator will return them to the bank account specified by a User and will issue a correction to invoices which the return concerns.
1.The Operator has the right to terminate the Service contract electronically without a notice period and to stop the Service provision without an obligation of returning the full or a part of remaining funds in following cases:
violation of an important provisions of the Regulation by a User,
posting illegal contents,
using the Service in ways other than originally intended.
§ 8. Complaints.
A User has a right to file a complaint regarding matters of services provision to the e-mail address: info@employsystem.com on in writing to the address of the Operator's headquarters.
Complaints are considered by the Operator.
A complaint filed correctly should include at least the following data:
User data (name, surname, address, e-mail address, name of company, customer number),
the subject of complaint,
circumstances justifying the complaint.
The Operator will make every effort so ensure that complaints are considered within 14 days from receiving them from a User. He will immediately inform a User about a decision made as a result of considering the complaint via e-mail to the e-mail address given in the complaint.
§ 9. Privacy policy.
Privacy Policy in relation to the provision of electronic services shall be governed by common law, especially the law referred to in § 1, paragraph 2 of the Regulation.
§ 10. Final provisions.
The new Regulation enters into force on 11.12.2012 and applies to Users registered after 10.12.2012 and Users whose subscription validity expired before 11.12.2012. The rest of Users registered before 11.12.2012 are bound by the old Regulation available after signing into the system at http://www.employsystem.com/terms/
The Operator reserves the right to one-time change of the Regulation provisions at any time without justifying the reason.
In case of changes in the Regulation the Operator will immediately inform Users about it and will publish a consolidated text of the Regulation at the website mentioned in paragraph 2.
Information about the Regulation change will be showed to a User while attempting to sign into the Website. A User should accept changes which is the moment when the Regulation enters into force however if a User did not accepted changes, they will not be applied but along with a last day of a valid subscription period the contract with a User expires automatically.
In case of change or cancellation as a result of a final court judgment, any of the provisions of these Regulations, the remaining provisions shall remain in force and binding on the parties.
Terms and agreements for the provision of electronic services are subject to Polish law.
All disputes arising from the Regulation or electronic Services provision contracts will be settled by the Polish court.
In cases not covered by the Regulations, the provisions of the Act on Electronic Services, the Law on Personal Data Protection, the Civil Code and other mandatory provisions of law are in force.
Possible attachments are an integral part of the Regulations, and their change, especially changes in the scope or type of services non-breaching the existing contracts for the provision of services does not constitute an amendment of the Regulation.
